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Full text of "Haïti: copy of the code rural of that island"

HAITI : 

Copy of the Code Rural of that Island. 



Ordered, by The House of Commons, to be Printed, 15 May 1827. 



(TRANSLATION.) 
Rural Code of Haiti. 



Port-au-Prince. 
Printed at the Government Press, July 1 826. 



Liberty ! Equality ! 



Republic of Haiti. 
RURAL CODE. 

T^HE Chamber of Representatives of the Commons, upon the proposition of 
X the President of Haiti, and having heard the Report from the Ministry 

of the Interior, has passed the Six Laws following ; which constitute the Rural 

Code of Haiti. 

Law N° 1. 
General Enactments relative to Agriculture. 

u^iT' 1, ~ AGRICULTURE bein g the principal source of prosperity in a state, 
shall be specially protected and encouraged by the civil and military authorities. 

Art. 2.— Citizens whose employment is agriculture shall not be taken from 
their labours, excepting in the cases provided for by the law. 

Art. 3.--It being the duty of every citizen to aid in sustaining the state, either 
by his active services or by his industry, those who are not employed in the civil 
service, or called upon for the military service ; those who do not exercise a 
licensed profession ; those who are not employed in felling timber for exporta- 
tion ; in fine, those who cannot justify their means of existence, shall cultivate the 
soil. 

Art. 4.— Citizens whose employment is agriculture shall not be permitted to 
quit the country to inhabit the towns and villages, without a permission from the 
justice of peace of the commune they desire to quit, and of the commune in 
which they desire to establish themselves. The justice of peace shall give this 
permission only after having ascertained that the person asking it is of good 
morals, that his conduct has been regular in the canton he is about to quit, and 
that he possesses the means of existence in the town he desires to inhabit. All 
those who do not conform to these regulations shall be considered as vagabonds 
and treated as such. 

Art, 5.— Children of either sex, whom their parents, being attached to agricul- 
ture, may be desirous of sending into the towns or villages, either for their ap- 
prenticeship or their education, shall be received bv contractors, or by public or 
private teachers, only upon a certificate from a justice of peace; which cer- 
tificate shall be granted upon the demand of the proprietor, or principal farmer of 
393- A tne 



Law N°i. 
Agriculture, 







■i 









Law K° i. 
Agriculture. 



2 COPY OF THE CODE RURAL 

j of e the a chJld° f the ° ffiCer commandi "S the -1 Po^e, or of the father or mother 

Every infraction of these regulations shall be punishable bv a fine of ,„.„„. a 

doHars payable by him who receives the child without a certificate - V ' fiVe 

r ,,. ?•— Military enlistments, which can only he made bv order Af .h» b -j 

of Ham, shall never be made of citizens attached to SriSturtunLtA 6 "' 

command of the chief of the state, alleging imminent^nger ' "» eXpreSS 

^V£°^|^^^^^^ J-* in the pro- 
Raw sugarssold to refiners, sweets Tol'todS erts Z^ZT^tZT 
ginning-mills, are excepted from these regulations 5 °' d t0 

Art. S— Nevertheless, licensed hawkers dwelling in towns or villa™., m „ 
carry about the country _ and se „ provisionS; { J.^ £»«£•£ -J 

blage of huts built by individuals for the ^ own res idene'e or to 1^ fr T " 
and^f a ^ UP °" »* ^ "* ^~ - EfcE 

u „Lss f itT sstf^rf^asaif in some * d -» . 

gratis by a justice of peace • these boats <dv.ll „,♦ j licence, to be delivered 
the coasting trade between the Neighbour t no, <s £ fL^T""' ?** °" 
fishing excepdng for the use of the plantaticfn K £&£ m **« * 

ing^dolafs'stn S^jSSStT S ed of by oe° e ^ ^ TOt «»« »" 

assembles, with samples of their labours The Council of ' M * T « ?° tMos 
cities being present, shall crown the c Itivator S each sectio, M "" ^ 
cultivation) who shall be found to have cultivated U^ita%tb^tS!^ U 

belratuTa'nd ma^ul™— A ™ °< ^ — * ^ 
roads in their respective districts. 0i the P ubllc 



Law N° 2, 

Agricultural 
Establishments. 



Law N° 2. 
General Administration of Agricultural Establishments. 

CHAP. I. 

JMUfirfft j}» Me Administration of the Landed part of Agricultural 

-Establishments. 
Sect, i.— Of Limits, Boundaries, and Establishments. 

to beUl^as'nadotf Si 5" SK? wM ? haVe ^granted by the state 
shall be Bm^^^^tf^^'^^ have " ot y« been surveyed, 

— e. upon ?JffiSS2SRSa «R^ 

allowed, 



£ 



OF HAITI: July 1826. 



3 



"# 



^ 1 ^„* A to snrvev and lav down plans of the Law N° e. 

allowed, shall call in a surveyor duly apP t^ urvey and lay J ^ 

grants not surveyed, at the expense ot the grantee , jusi *> ^ Estabhshm ent.. 

judi^e and levy the fine and expenses b i ication aforesaid, no sales of pro- 

Art. i6.-From and at er the date oftta publ ca ^ the lands have 

perty situated m the co-try hi hj^djW- J ^ do in the title- 

previously been surveyed, or the boun un l eS s the ground has previ- 

shall not be begun to be cultivated w.thm one jew ro po ^.^ 

grant which may be made hereafter and wh.ehsba.n = the domains of 
within one year after the date of such grant shall be m 

the state; the title shall be withdrawn, and , retu, nee no »eg officer 

Art. 18.-T0 carry into effect the provision of he P^dmg ?. sba „ 

commanding the rural police, »«»««*» "J *Luo"hej«,sti|eof peace, and 
make a report of the state of abandonment ot tne giant j ^ 

to the military ^^^^^^Z^'efntot^iZ^^ of the 
S«? naving^y t^V snaU^thdraw the title, and send it to the 

^"^nestab^^^ 

„S W u£ £ S™^ a wlSh d :h n aU h be proportioned to the number of labourers 
at Xt e 20-fto P prieto7s' of cultivated lands bordering upon each other, shall enclose 
"ropltriw"- to do so shall he compelled by proceedings at 
'"Art. ..-Proprietory .abound when theftgran, -;-£, toeausepropet 

bv the justice to erect the landmark. 
y Sec,.,- D ntiesimposeduponP 3 ietorso^^^ 

1 1 , r-^rKirlnpn to rnt down woods upon the summits of 

Art. ,3.-1' " P. 3 ;''™ ^ « torn their summits, at the head or in the neigh- 

hills, or within one hundred paces worn m > f , ds watere d by 

bourhood of springs, or upon I **»£££ TbimbXand other trees capable of 
springs or nvers, are bound o Pla«t bauan as, ba .^ rf ^ ^ 

preserving ■^S^ZtotoSSTtotaS wood-land, old canes, savannas, or other 

UI A n r. tne 2 7.'-No cattle but those absolntely necessary for carrying on the cultiva- 
tions of for the personal use of ^S^S^-SfS Z 

eD tr d 2 8-H r : 5 , "."mules, horned-cattle, swine, &c. intended for breeding, shall 

^&rz£2ti^^s?^ - ad ° pt a 

n? C 3 °o XS :? ta ssod e atibn y on;boure,-s settled open an -JUj. « be 

plantation to which they are attached. 
393- 




Law N* 2. 

Agricultural 

Establishments. 



COPY OE THE CODE RURAL 
CHAP. II. 






Of Cultivation in general. 

fort4ort^o^ «- which yield produce 

of the people. ^ g ' d the P rovis, ™s necessary for the subsistence 

J^^ZJ^L ™l Z gt S tl n t C onf 1°H **}» SUb > Ct <° the 
for exportation. P g m ° Unt 0nl ^ of the P rodu ce they raise fit 

Art. 34.— The second class of cultivation consists of Jcitrhpn *nH a„ 
fruit-trees, provisions and forage when fW I !? • 7 fl ower-gardens, 

raise produce of the first class r&1Sed ° n eStates not destin ed to 

culta Jd 7 ^ a »t n h tht 111?^ Pr ° Visi0nS ° r mm ' 5haU be «*fy 
a penalty of from three to EStaT "' ° Wne ° r Sha " be res P« sibI - -** 

.he A p r :od\ 8 c^„:,!tvTassS e t d o W'T*" ' ab0Unn ° fOT ° ne 1—- ^ 

iohtoita^T- r £^,t' Which SU n thC TOter re ^ ired <V the 
the parties inter S, who shafi contriouto', ^STL S " a " be ^ '" re P™ ■» 
No one shall he permitted to evade thl ,he ' abour necessar y for *eir repair, 
belonging to his neighbour without hi co LTftT * a PP ro P™,' e th. water 
he liable to a fine of not less than ten IT™ 'T gm }9 of lnfra «ions shall 

moreover, repair at the r 0™ char l "toe I" TT ' han fift y dollara i »»<" shall, 
destroyed. g S the canal the y ma y ha ve obstructed or 

^aget'^IVrufafp^™ l^J be P Ut b,to «*» "* casks or 
section shall have the *riE ^nectinf the C °T andmg "' e rural P oli «=ofthe 
adulterated; and should* be so he ,h?l , P r ^ u «.t° ^certain that it is not 

.0 townsirVmagennd st^nTc^X*" 811 , n °' be r. rem0Ved from ,he P' 3 """-"' 
when resident, J ^*^Z^^£f ££*« «» *• P™P™tor, 

is not resident. The permit shall hp wTi; I the . ruidl P 0,lce ' when the proprietor 
officer commanding U?S3^ ■*"*** «* b * - 

beftop^n 4 L^an^n tefrS" n ?° n f *« T^ &rtide shaU 
shall ■ inquire whethe ■tt^r«5,i^h^^?S JM ^i rf P <TOrftte w ™ un e»-»»w 
^ to th ^o^evand puS the LZ 7 T St ° len ' f ° r the P Ur P ose ^restoring 
produce shall have nScted to f3 fh g " y - P T° n - Where the owner of th * 
not less than three dolars h ^ perm,t ' he sha11 be Sub J ect to a fine of 



SSI 



OF HAITI: July 1826. 



Law N° 3. 
Upon the mutual Contracts to be entered into between 
Proprietors, or Chief Farmers and Agncultunsts 
fiSSLtow or Labourers, and the.r rec.procal 



Law N" 3. 

Contracts and 
Obligations. 



Cultivators, 
Obligations. 



CHAP. I. 

General Enactments. 



Art 45 -All persons not in active employment of the state, as sold.e s .wort 
men Mothers, 'and whose business it is to calUvate jtta sod, 00 ^>« 
exportation, shall, for the security of their common m ere £ enter > 1. 
engagement with the proprietor or chief farmer of the f™™™Z with the la- 
wmen they are destined to exercise their industry. The engagement wu 

shal etrT^ortef pCVthan two years, nor for mo. than mne years : 0, 

an S^^ 

3,6 Art a- -The contract shall be made upon stamped paper before a notary, who 
shal keep a mfuuteof it: it must express distinctly all &«£S*£X 
by the contracting parties, who may insert any st ipulat ion * e y please, P r0 

or^teTA^Sonauycultivaters. 

shall nofhave expired, shall be absolutely voi : , and fe»-*« *™ 

SS;trr^^^ 

posed by article : 48. half rf ^ d shaU share in 

eqX^S rprTipai proprietor of the pi— f fruits p_s 
vegetables, grain and produce which they may ra.se upon the land cultivate y 

ha Art' .1 -When sugar plantations are worked by halves, the proprietor shall 
b efo ei edivln taS place, deduct one-fifth of the S™ss prod^e &r the nse o 
the works, ntensils. stock, &c. employed, or for t >e expenses o, repa r s,a neb m other 

t hem.,ves^nn g their tan^nd ^ays of rest.^ ^ 

terttcok^otonld'ndlgo elates, shall be <Ttf^«**£%*2g5& 
parties upon the same plantation who work for half-produce shall as Meach other 
in their labours, affording to each other an equal number of days assistance , 
mutual aids shall be regulated by the manager of the estate. 

A r , t „ —When the oroduceor crop has been manufactured or gatnereo in, ,™ 

proprietor or head farmer and the labourers working at half or quarter .P^uce 

Art. «.— Upon sugar estates, the division shall be made after the .™ ,n / f ^ 
each pai'h of canes : upon estates cultivated in corn or pro«^ oods fe^ ei ox 
fire-wood, charcoal, cabinet-making, or building, in forage, and other ^ar^pro 

393- B 



Law N* 3. 

Contracts and 
Obligations. 



COPY OF THE CODE RURAL 

ductions, the division shall be made every six months; and upon all other estates 
J £rhe Pl ~ S ° f C ° ffee ' C ° UOn ' C ° COa ' *** &C ' the divLnl^U TakfplS 

' the A i r i t hnm;7 When tl lV h K f ° r dividin ^ ^e proceeds of the produce belonging to 
catled in Tv ZT*' f °^ A C ° m ™^»S the rural police of the section shall be 
called ip by the proprietor, head farmer or overseer, to witness the division. The 

^cecurrl tZu IT mf \ mif \ ctar&i ? Cr ° pS ^ athered in > a,ld a certifi ^ e of the 
STp IZ ' P;?d«ced together with a certificate from the purchaser of 

made ont C a e nd n r erated ? "^"J 55 " * ^ ° f ^ P^sons entitled to si.are shall be 
made out, and the respective profits shall be allotted 

oneofthLlf individual entitled to share, shall be inscribed upon the list in 
worked ' aCC ° g t0 S Strength and aCtivit ^' atld the time he has 

The monies to be shared shall be divided into quarter shares, half shares and 
shares. I he drivers and headmen shall be entitled to three shares each 

bugar-boilers, and chief carter, and other headmen, two shares each * 

Good working men and women of the first class, a share and half each 

Ihose or the second class, a share each. 

Those of the third class, three quarters of a share each 
^ Children from twelve to sixteen years of age, and elderly people, half a share 

Children from nine to twelve, and weak infirm people, a quarter share each 
Any mon.es remaining over and above the shares paid to each person shall be 
la'bour am ° ng Wh ° haV6 Sh ° Wn the m ° St steadiness aild activity in their 

Art 5 8.-Tickets, certifying the days they have been present, shall he given to 
day-labourers. fa 

These day-tickets shall be withdrawn once in each week, and weekly tickets sub- 
stituted for them Account shall be taken of these weekly tickets at the time of the 
divisions of produce or crop. 

Art. 59--In no case shall the officer commanding the rural police deduct from 
the amount to be divided any thing for himself. 

He shall draw up a written account of these divisions, and shall send it, with the 
necessary vouchers, to the Council of Notables, as a document of reference in case 
or necessity. 

Art. 60 — Proprietors farmers and overseers, are forbidden to -rive permission 
to any labourer to travel in the commune, or to absent himself from his domicile 
and work, for more than eight days ; the permit shall be on unstamped paper, deli- 
vered gratis, and signed by the officer commanding the rural police. VVhen the 
parties require a longer leave of absence, the proprietor, farmer or overseer, shall 
refer them to the commandant of the commune. 



CHAP. II. 

Of the Duties of Proprietors, Farmers or Overseers, towards the Labourers. 

Art. 61. -Proprietors, farmers or overseers, shall employ the labourers with 
whom they have contracted in agricultural labour, or labour relating to agriculture 
only They shall treat their labourers as parents would their children 

Art. 02.-Propr.etors or head farmers shall supply, at their own expense, 
labourers working at quarter-produce, with tools and farming implements; these 
tools shall only be replaced when proved to have been worn out or broken in the 
service of the proprietor. 

The labourer who loses the tools supplied to him, shall replace them himself; if 
he do not he shall receive others, the price of which shall be deducted from 
his share of the produce. 

Art. 63.— The proprietor or head farmer shall supply the labourers working at 
quarter-produce with the means of conveying their share of the produce to the 
place ot sale tree of expense ; the labourers working at half-produce shall convey 
their share at then own expense. 

Art. 64.— When the proprietor or chief farmer undertakes to dispose of the 
portion ot the produce applicable to labourers working at quarter-produce or be- 
longuigmg to those at half-produce, he shall be bound to prove, in the most legal 
manner, the price- current of the produce at the time of sale,, and to produce at 

the 



SS3 



OF HAITI: July 1826. 7 

the time of the division of the proceeds a certificate from the purchaser, as well *jj > 
as the price-current, duly ^tested . ^ b ^ v _^atK^ 

Art . 65.- When the P^/*? #* ^J^H^ the price-current at the 
drivers or Jobbers these shall *«^t»l purchaser; for the purpose 

Art. fifi.-The proprietor o hea d farm J m\ salaries of over . 

the share of produce due o ; $g*K% W p P r a o y prietOT or head farmer, 
seers. These salaries shall always be pa a oy _ p v of i , ess 

Art. fi 7 .-Propnetors or ^^^"J^f a XL& with a medical man for 
than five dollars, nor more than fifteen do'lars, to engj , 

attendance upon the labourers, and »"g*"JS£ d m* K labours work- 
cured in the commune : these ^icmes shall be supp^ g 
iog at quarter produce ; they MM^ j ?» » < »;- r ^ sha „ take care 
Art. 08. -Proprietors and principal • al ^ s J] H „,£ re nurses sha ll be ap- 

that infant children are PX'^'tses a tending this shall be borne by the 
pointed for this purpose : the expenses aireiim b 

labourers. 

CHAP. HI. 

Of the Duties of Labourers towards Proprietors, Farmers or Overseers. 
An fin -Labourers shall be submissive and respectful to the proprietors and 
A%&^ ft* ^r^'^th'^'andtSdrwhatever agricul- 
'2SZ^^ ^ Waters, farmers or overseers with 

m ay have bound themselves, shal I dechc . * >* "^ >[ » ™ absent tlleinselves 

and shall not quit .t upon ™W*£*££g&? Sorting until Monday before 
from their houses at any time, but Irom aa u v * all other 

sunrise, without permission from the propnetor, iarme orjer 
days of labour they *^?«WWl tt^W*| «*^ rf ggg c0 

fo^aH olr pu Se si t ermitiiius, be countersigned by the officer commandmg 
trur:l%rcef,hesec t Liand^ r 



CHAP. IV. 

0/ rte ^c-m*. betroeen Agriculturists at Half -produce and the Labourers 

J employed by them. 

farmer or head-man. 

CHAP V. 

Alfa. ****** P« » * s *™<* °f the Re l> ubUc reSidblg md U ' 0rUng UP ° n 
r Plantations. 

Art nK Soldiers in active service, and other persons employed by the state, 

duties. Art. 76. 

393- 




iiM 



8 COPY OF THE CODE RURAL 

Law iv 3. Art. 76.— When soldiers or other persons in the emnlnv nf t,, e ., n f t u 

CM**.* ta k their abode upon a plantation, shaVhave e'ntTred m* o eng^erS 

w.th the proprietor or farmer of the plantation, they may make ,SS 
contract with h,m to labour by the week, by the month, or by the niece noon 
whatever terms and conditions they please j nut these soid iers Jhall bio bUged to 
jour, without remuneration ,n all labours necessary for repairing the water courses 
wells and cisterns upon the estate, the hedges and enclosures of garden and mea- 
dows, and in maintaining order upon the plantation. gaiuen, ana mea- 
Art. 77.-When soldiers or other persons in the employ of the state shall not 
comport themselves towards the owners or farmers of the^tafa TupofwSC 
dwell according ,0 articles 75 and 76 of this law, they may be seM offZpZ 

Art 7v 9 '~L When S0k,iers 0r others em P ] oyed in the service of the state arc 
required by the proprietor, farmer or oversee?, to work by the day the week Z 
.job or otherwise, in a field cultivated by labourers working at quit er-produce or 
to assist in gathering in its produce, or the manufacture of it their wases shall Z 
deducted from the gross amount of the proceeds of such IabL7tefiJ?£e Quarter 
belonging to the other labourers is separated. quarter 

Art 80.— When labourers, such as those mentioned in the preceding article 
are called upon by head-men of bands entitled to half the produce to aid hem 
in their labours, their wages shall be paid out of the moiety of the produce com Z 
to such labourers, before the division of it takes place ' § 

wil mIw !h!; T S Af thC r° r u k they have con tracted to do, of their own free 
will, before the end of the week, they shall be entitled to no remuneration for the 
time they may have laboured during the beginning of the week. mUneratmn t01 the 

CHAP. VI. 

Of the Mode of deciding all Disputes betxveen Proprietors, Farmers, Overseer^ 
and Cultivators at Half-produce, Sub-farmers, #c. 

Art. 81. -When disagreements arise between proprietors, agriculturists, farmers 
overseers, and cultivators at half-produce, or sub-farmed the parties shS fa 
™Y^lVT™\ ca ^ their complaints before the officer 'commanding the rural 
police of the section, who, being assisted, if necessary, by the Council of Agricul- 
ture of the district, shall endeavour to bring about a compromise betwefn the 
parties, in all matters falling within his jurisdiction ' 

in W A tL 82, ~, Wh r n the matt f 1 : in dis P ute ca "notbe settled by the officer command- 
ng the rural police assisted by the Council of Agriculture, he shall require the 

Srncel" 1116 ^ ^ *" ^ to "W * nd tennJStbS 

thl Xrt ? 3 — W 1 hen th u e matter in dis P ute cann °t be decided by arbitration on 
the spot or where the parties have neglected to name arbitrators, the officer 
commanding the rural pol.ee shall wait until Saturday or Sunday o refer the 
parties to the just.ee of peace of the commune: the "delay mu^of exceed i 

Art. 84. -The justice of peace is bound to decide the matter in dispute ■ and 
shall not a n e ge the silence of the law on the matter in dispute as a Sid for 
. efusing to give judgment, under penalty of a denial of justice g 

flftp/Ii. 5 justice of peace shall give judgment within twenty.four hours 

atter the appearance of the parties. J 



in 



sss 

OF HAITI: July 1826. Q 

Law N°4. 

Upon Cattle-Pens. 

CHAP. I. 

Establishment of Cattle-Pats, and the Management of them. 
Art. 86—Cattle-pens shall only be established at places at the least one league ^L 

^ At' MSSto no one shall establish a pen for horned cattle who has not 
at least 150 acres of pasture land ; and for hogs 75 acres. 

Art. 88.— The number of keepers shall not in any case exceed five men, includ- 
ing the head-keeper, with their wives and chi^^ 

Art. 80.— When a keeper finds among the herds intrusted to him, or in the 
meadows belonging to the pen in which he is employed, stray cattle, he shall forth- 
SthVive notice° thereof to the neighbouring keepers, and if the cattle do not be- 
long to their pens, he shall send notice to the officer commanding the rural police 

f Art S oo U — When the cattle mentioned in the preceding article have remained 
three months in a pen unclaimed, they shall be conducted by the pen-keeper to 
the iustice of peace of the commune, to be placed among the strays. 

A J rt Q1 —When any animal in a pen shall be found to be attacked by any con- 
tagious disease, it shall be instantly separated from the other cattle, and taken care 
dfuntii its recovery or death, under penalty of a fine not less than ten, nor more 
than twenty dollars, to be paid by the pen-keeper. > 

Art. 92.— Every animal which dies in a pen of a contagious or epizootic disease, 

shall be burnt or buried. r , 

Art tn —It is strictly forbidden, under penalty of a fine of not less than ten, 
nor more than twenty dollars, to burn the savannas or meadows of pens without 
the permission of the officer commanding the rural police 

Art Qd —When cattle upon plantations die from ordinary disease or accident 
in the absence of the proprietor or farmer, the head-keeper shall procure a certifi- 
cate of the death of the animal from the officer commanding the rural police, or 
from the neighbours: and the skin, having the stamp or brand, shall be pro- 
duced to the proprietor; in default of which, the pen-keeper shall replace the 

aB Art!*Q5.-Animals belonging to pens, as well as those used for cultivation upon 
plantations, shall be stamped with brand-marks only: it is strictly forbidden to 
make any marks upon them by the hand. 

CHAP. II. 

Of the Engagements to be entered into between the Proprietors or Farmers of 
Cattle-Pens, and those attached to them. 

Art q6.-Proprietors or farmers of cattle-pens shall not receive or employ at 
their pens any keepers, or other persons, who have not previously bound them- 
selves, as directed bv article 47, or Law 3. 

Art q7 ._ The duties reciprocally imposed upon proprietors and farmers and 
those who labour, shall also extend to proprietors or farmers of cattle-pens 
and those employed by them, so far as the same relate to order and general 

P0 \ C rt 08 —Keepers of cattle-pens shall not be permitted to receive at their 
master's pen any cattle or beasts without permission of the proprietor or tanner ot 

the A P rt n qQ -The pen-keeper shall not remove or sell any animal belonging to the 
pen unless he produce the permission of the proprietor or farmer in siting, and 
a permit upon stamped paper from the officer commanding the rural police of the 
section ; who shall register the permit, and the brand of the animal. 

393- C 




10 



COPY OF THE CODE RURAL 



Law N° 5. 



Law K"5. 
Upon the keeping 
and damage done j T .. 

j Upon the custody and keeping of Animals, and upon the 
damage which they may do in the Fields. 

Art. 100.— Cattle belonging to labourers shall be kept in herds, along with 
those ot the proprietor, and the keepers shall be paid their salaries, half by the 
proprietor and half by the labourer. J 

Art. loi.— It is forbidden to kill or maim beasts of burden, or horned cattle 
found trespassing upon cultivated land, or in gardens. 

Art 102.— It is likewise forbidden to kill or maim sheep found trespassing in 
fenced gardens or enclosures. 

Ar , t * 1 ,°2*T Pigs and g0ats found tres P assin g ™ fenced gardens or enclosures 
may be killed. 

Art. 104.— The animals enumerated in articles 101 and 102, which maybe 
found in cultivated gardens, shall be conducted, twentv-four hours afterwards be- 
fore a justice of the peace, to be sent to the pound," unless within that time the 
owner of them withdraw them from the pen belonging to the plantation upon which 
taey may be found. 

Art. 105.— The officer commanding the rural police shall, within twenty-four 
hours after complaint made by the parties injured, draw up in writing a statement 
of the damage done by the animals, and send it to the justice of peace unless com- 
pensation be voluntarily made to the owner of the garden. 

Art. 106.— The officer of rural police shall take care that he send the written 
statement to the justice of peace duly certified, that the said justice may be able 
to decide according to law. 

Art. 107.— The keepers who may have suffered the animals mentioned in 
article 27 to escape shall pay the expenses attending their recapture, according to 
the tariff established by law. G 

Art 108.— Proprietors, farmers, or overseers upon plantations, are expressly 
forbidden to work, or use in any manner, the animals found in their garden during 
the time they may remain in their pens before they are sent to the pound ■ any 
infringement of th.s article shall be punished by a fine of not less than five nor 
more than fifteen dollars. ' 

Art. 109.— The capture of the animals enumerated in articles 101 and 102 taken 
in gardens and conducted to the pound, shall be paid for as follows : For each horse 
or mule, one dollar; for each ass., seventy-five cents; for each head of horned cattle 
one dollar and a half ; and for each sheep, twenty-five cents: one half to belong 
to the person taking them, and one half to the guards. & 

Art. 110.— When animals taken in- gardens are withdrawn from the pen before 
they are sent to the pound, the owner shall pay half the above fines to the person 
who takes them only. r 

Art. 1 11 —When an animal taken in a garden and sent to the pen happens to 
die by accident or otherwise, during the short time it remains there, or while it is 
being conducted to the residence of the justice of peace belonging to the commune 
the officer commanding the police shall call for witnesses to prove the cause of the 
death of the animal. 

Art 112.— When the death of the animal shall prove to have been occasioned 
oy negligence, want ot food, or violence, the proprietor, farmer, or overseer of the 
plantation, shall pay for it according to its value, to be estimated by arbitrators named 
by the justice. The amount thus paid shall be remitted to the administration of the 
district, to be paid to the owner of the animal, should he appear, or to be paid into 
the treasury. In all cases the damage done by the animal shall be paid for out of 
this monev. 

Art. 1 1 3.— When animals taken in gardens by virtue of article 1 04, are conducted 
to the justice of peace of the commune, to be sent to the pound, if the owner con- 
sent to pay for the damage done and the expenses of capture before the beast be 
sent to the pound, the justice of peace shall consent. 

Art. 1 14.— Persons conducting herds of cattle from one commune to another, 
whether for sale or for agricultural purposes, shall provide themselves with a permit, 
setting forth the kind and number of the animals they are conducting, their descrip- 
tion, and brands. ° v 

Art. 1 1 5. 



OF HAITI: July 1826. 11 ' 



Art 1 1 <, —These permits shall be delivered by the commandants of communes, Law N» 5. 
or countersigned by them, upon permits given by the owners or upon certificates Upou the ke ejtog 
furnished by the officer commanding the rural police ot the sections from whence the JJ* A *™jf 
animals came. These permits must be registered by those who give them, and ^______/ 

countersigned by the commandants of the communes through which the herds may 

^Art 116 —The drivers of herds who maybe met by the police or gen-d'armerie 
shall upon demand, show their permits; and if the number of beasts or their de- 
scription shall not be found to agree with the particulars stated in the permit, and it 
any cause of suspicion should exist, the drivers may be taken up and conducted to 
the nearest post, with the animals in their possession, to be taken before the justice 
of peace of the commune. . 

4rt 1 17.— If the parties taken before the justice cannot prove their right ot pro- 
pertv in those animals not included in the permit, and are unable to give good and 
sufficient security for their re-appearance with such proof within the time to be 
allowed them, not exceeding fifteen days, they shall be committed to prison, and 
the animals sent to the pound. . . . ; 

Art 1 1 8.— Within one month from the day of the arrest the justice shall write to the 
iustice of the commune from which the party committed may come or to the officer 
commanding the rural police of the section to which he belongs (if he belong to the 
same commune), to make inquiries about the person committed and the animals 
stopped : upon receipt of this information, it shall be forwarded to the public minis- 
ter, together with a written statement from the justice, of the grounds of ulterior 
proceedings against the party detained, should sufficient cause appear for such 
proceedings. 



Law N° 6. 
Rural Police. 

FIRST HEAD. 

General Enactments. 

Art. ng.— Rural police embraces every thing that concerns the administration 
and prosperity of rural properties. 

Art 120.— Rural police shall be carried into effect under the inspection of com- 
mandants of districts and commandants of communes ; by officers commanding the 
rural police, to be stationed in sections of each commune, by guards, by gen-d ar- 
merie, and, in cases of necessity, by detachments of troops ot the line. _ 

Art. 121.— Justices of peace have also authority to exercise rural police in the 

cases provided by the law. -*-.,. •-***. 

Art. 122.— The Council of Notables and the Councils of Agriculture assist the 
authorities, in cases of necessity, to secure perfect superintendence and inspection by 
the agricultural police. 

SECOND HEAD. 
Of the Inspection. 

CHAP. I. 

Of the supreme Inspection of Commanders oj Districts. 
Art i23.-The commandant of each military district, having the general inspec- 
tion of the cultivation of the district entrusted to him, unites in his own person aJ I 
the authority necessary for enforcing agriculture ; {pour la mm en activite de la cul- 
ture) : he is responsible, 

1st. For the decay of agriculture in his district: „■;.,,. - t u- u;„ 

2dly. For the due execution of all or part of the Code of Agriculture within his 

l \dlv. For the neglect of commandants of communes under his command to 
inspect and superintend agriculture within their respective communes, when he has 
not prevented such neglect. ^ J2 

. 393- 



Law N° 6 
Kural Police. 



^•v^*«fietfaHMtfttlMMHMMMl 



Law N* 6. 
Rural Police. 



12 



COPY OF THE CODE RURAL 



Art. 124— The commandant of each district shall inspect once in each year each 
rural section in the several communes composing his district, and inform himself 
personally of the due execution of the laws, and of the progress and state of labour 
and make a detailed report of these matters to the President of Haiti. 

Art. 125. — The yearly report, which the commandant of each district is required 
to make to the President of Haiti, shall state the number of plantations kept up in 
each section, the nature of their produce, an account of their improvement or falling 
off, and, lastly, the state of the public and private roads. 

CHAP. II. 

Of the Inspection of Commandants of Places and Communes. 

Art. 1 26. — The commandant of the place or commune has the chief inspection of 
the cultivation of the commune : if he have within his command cantons or parishes 
erected into military posts, the commandants of such posts have the inspection of 
the cultivation of the territory under their command. 

Art. 127. — The commandant of the commune is responsible for the deterioration 
of the cultivation of the commune within his command, when it arises from negli- 
gence in any part of the service. 

Art. 128.— The commandant of the place or commune shall go the round of 
the different sections within his command three times in every year. 

Art. 129. — The commandant of the commune in his rounds shall visit the fields, 
provision-grounds, enclosures, and new plantations. He shall examine into all the 
details set forth in the Rural Code. He shall inquire whether the officer command- 
ing the rural police has duly performed all the duties imposed upon him by law. 
He shall repress all negligences and irregularities, and shall draw up a report of the 
whole in the form prescribed for each section; a copy of which shall be forwarded to 
the commandant of the district. 

CHAP. III. 

Of Rural Sections, Officers commanding the Rural Police, Guards and Overseers, 

and Drivers upon Plantations. 



Sect. 



■Of Rural Sections. 



Art. 130.— The communes shall, by an ordinance for that purpose to be made by 
the President of Haiti for each district, be divided into agricultural sections, of about 
four leagues extent in the plains, and according to the nature of the ground in the 
mountains. 

Art. 131.— Each section shall be named, and its limits and boundaries fixed. 

Art. 132. — As soon as the sections are formed, the commandant of the commune, 
assisted by the Council of Notables, and one of the private surveyors, shall draw up, 
upon schedules prepared by the justice of peace, triple rolls of all plantations situated 
in each section, with the names of the proprietors, the extent of each property, and 
the kind of tillage carried on upon each plantation. One of these rolls shall be de- 
posited in the office of the commandant of the commune, one with the Council of 
Notables, and the third in the hands of the officer commanding the rural police of the 
section. 

Art. 133. —The Council of Notables shall furnish the justice of peace of the 
commune with an examined copy of the schedule deposited in their office. The 
commandant of the commune shall furnish the commandant of the district with 
a similar copy of the schedule deposited in his office. The commandant of the 
district, after having collected all the rolls of plantations of all the sections of each 
commune forming his district, shall draw up a schedule of the whole, a copy of 
which he shall forward to the President of Haiti. 

Art. 134. — The officer commanding the rural police shall give notice to the 
commandant of the commune, of each transfer of a rural property situated within 
the section, and of each change in the mode of cultivation adopted. The com- 
mandant of the commune shall note such transfer or change of cultivation upon 
the roll deposited in his office, and shall give notice of the same to the command- 
ant of the district, who shall likewise note the same upon the roll in his hands, and 
inform the government of it. 

Art. 135. 



JSJ 



OF HAITI: July 1826. '3 

Art . ,., _The Council of Agriculture of the section shall give the notice men- 
tioned in the preceding article to the Council of Notables of the commune ; and 
Ae Council of Notables, after having noted it, shall inform the justice of peace, 
who shall cause the same to be inscribed upon the copy of the roll deposited in his 

0fi Arr 1-6 -Every year, between the 1st and 15th of February, the officers com- 
manding the rural police of each section, shall receive from the agents for taxes 
of their commune, a certain number of stamped schedules of population in blank ; 
which they shall furnish to the proprietor, farmer, or overseer of each plantation ot 
the section before the end of the same month ; receiving from them the value ot the 
stamp which the officer shall pay over to the agent for taxes. This stamp duty 
shall be as follows : The stamped schedule of population for an estate containing 
thirty acres of land, shall be twelve cents and a half; for thirty-three to sixty acres, 
twenty-five cents; for sixty-three acres and upwards, fifty cents. 

A r t 137 —The proprietors, farmers, or overseers of plantations, shall return the 
schedule of population, filled up in the manner pointed out, to the officer command- 
ina the rural police, at the latest on the 20th of March following, under penalty of 
a fine of not less than fifteen, nor more than fifty dollars. 

A rt 1 38 —The officer commanding the rural police of each section shall, on 
the «h of April at the latest, return all the schedules of population of his section, 
or the names of the defaulters, to the Council of Notables of each commune, 
under penalty of the fine imposed by the preceding article. 

Art 139 —On the first of May in every year, the Council of Notables of each 
commune shall forward to government the original schedules ot population which 
they may have received in virtue of the preceding article. 

Section 2.— Of the Officers Commanding the Rural Police, and of the 

Guards. 
Art. 140.— A military officer of subaltern rank, (from sub-lieutenant to captain), 
to be named by the President of Haiti, shall be stationed in each rural section : 
this officer shall be charged with the superintendence of the section, and with its 

police. 

Art. 141.— The officers commanding the rural police of the different sections 
shall be independent of each other, and shall report only to the commandant of the 
commune and the commandant of the district under whose orders they are placed ; 
they shall also correspond with the civil authorities, and attend to their requi- 
sitions. 1,- 

Art. 142,— The dwelling or station of the officer commanding the rural police 
shall be in the centre of his section, upon the public road which traverses it. 

Art. 143.— The officer commanding the rural police is particularly bound to 
push agriculture to the utmost extent within the section confided to him, and to 
cause the laws to be observed, and property to be respected. He is responsible in 
the whole extent of his section. 

1st. For the due execution of the Rural Code in what is of his competence, as 
well as of all other acts of the government relative to agriculture, and to rural 

police : : 

2d. For every neglect of superintendence and manual labour upon the plantations 

of the section : . 

3d. For all vagrancies, disorders and disobedience to the police, within his 
section, when he° has not prevented them, or reported them to superior au- 
thority. . . . 

He shall make oath before the commandant ot the district before entering 

upon the duties of his office. 

Art. 144. — The officer commanding the rural police shall have under his com- 
mand at some fixed station three guards, one of whom shall be of the rank of 
quarter-master, and perform the duties of secretary, one of the rank of serjeant, 
and the third a private dragoon. These guaids shall be sworn ; the oath shall be 
taken in the presence of the commandant of the district. 

Art. 145.— The officer commanding the rural police shall make the round of 
his section, and visit each plantation once in the week. 

Art. 146.— The officer commanding the rural police shall hold himself in readi- 
ness to attend to the requisitions of proprietors, managers or overseers, by day 
and by night, and to send guards to them, to enforce obedience to the law,', and 



Law N° 6. 
Rural Police. 



maintain order. 
393 



D Art. 147. 



14 



COPY OF THE CODE RURAL 



LawN"6. 
Rural Police. 



Art. 147.— One of the guards shall repeat every week upon each plantation of 
the section the visit of the officer, so that each plantation shall be visited at the 
least twice in every week. 

Art. 148. — When an officer or his guards in their ordinary rounds arrive upon 
any plantation, they shall call first for the proprietor, or, in his absence, for the 
chief farmer or manager, and shall inquire if every thing has been orderly : after 
this formality, they shall inspect the labourers personally, to satisfy themselves that 
these are properly conducted ; they shall ascertain that all the labourers are present 
and at work; and they shall inquire into the cause of the absence of any of them, 
and shall act therein according to law. 

Art. 149. — When an officer commanding the rural police of a section is pre- 
vented, by any lawful excuse, from making the round and visit directed by articles 
j 45 and 146, he shall give notice thereof to the commandant of the commune, who 
shall appoint an officer of gen-d'armerie, or of the troops of the line quartered in the 
commune, to do the duty for him while the impediment lasts. 

Art. 150.— Any officer commanding the rural police who, without lawful excuse, 
shall neglect to make the rounds and visits directed by the articles 145 and 146, 
shall suffer a punishment, to be inflicted by the commandant of the commune; and^ 
in case of repetition of the omission, he shall be reported to the commandant of the 
district, who shall report him to the President of Haiti. 

Art. 151.— Every Sunday morning the officer commanding the rural police shall 
present himself in person, or send one of his guards, with a written report to the 
commandant of the commune, to inform him of whatever remarkable circumstances 
may have occurred in his section. 

Art. 152.— The officer commanding the rural police, and the guards, shall receive 
their pay and allowances, according to their respective ranks, at the same time when 
the troops of the line in active service are paid. 

Art. 153.— The state shall supply the guards with arms, accoutrements, and uni- 
forms, in the same manner as to the troops of the line. 

Art. 154.— The uniform of officers commanding the rural police shall be a green 
coat with flaps and lappels turned back, red collar and cuffs, red facings, white 
lining, plated buttons, with a cornucopia surmounted by the cap of liberty, and the 
words " Republique d'Hai'ti" engraved upon them, and a cocked hat. 

They shall also bear the epaulettes and fringes of their respective ranks, Avear 
white waiscoats and pantaloons and boots. 

The uniform of the guards shall be a jacket of cloth of the same colour and make 
as their officers, with the distinctive marks of their rank in silver or white worsted 
lace, and plated helmets : their arms shall be the dragoon sabre, carbine, and car- 
touche-box ; they shall wear a red belt from right to left, with the words "force 
a la lo'f inscribed upon it in blue letters. 

Sect. 3. — Of Overseers and Drivers (conducteurs) upon Plantations. 

Art. 155— Upon every plantation where the proprietor is not resident, and where 
there is no principal resident farmer, there shall be a manager or overseer, to be 
appointed by the proprietor or farmer. 

Art. 156. — The proprietor or farmer, after having selected the manager or over- 
seer who suits him, shall enter into a mutual contract or agreement with him, in the 
presence of a notary, upon such terms and conditions as the parties may a<?ree 
upon. The proprietor or farmer shall afterwards make the manager or overseer 
known to the officer commanding the rural police of the section. 

Art. 157. — Every proprietor or principal farmer of a rural property not resident 
on his property or cultivated farm, upon which the number of labourers shall ex- 
ceed ten persons, and who shall not have appointed a manager or overseer, shall be 
subject to a fine of not less than ten, nor more than fifty dollars, according to the ex- 
tent of the property : when the number of labourers does not exceed ten persons, the 
management may be entrusted to a driver. 

Art. 158. — The duties of the manager or overseer are to superintend, for the 
interest of the proprietor who employs him, the labours carried on upon the plar ta- 
tion entrusted to him. 

Art. 159. — The managers or overseers upon plantations are answerable to the 
preprietors or chief farmers for every neglect or abandonment of labour where they 
are employed : they shall be prosecuted by the parties injured. 

Art. 160. — The manager or overseer shall be respected by the labourers upon the 
estate where he is employed. 

Art. 161. 



s6j 



OF HAITI: July 1826. 15 

Art T 6i —Upon estates where the fields or gardens are parcelled out among 
associations working at half-produce, or among sub-farmers or jobbers, each head- 
man of association, and each sub-farmer or jobber becomes the driver of his gang or 
of his association; he is answerable for their labour. 

A r t 162 —The duties of the drivers are to cause the work to be done by the 
"anas entrusted to them, under the directions of the proprietor, fanr.er, manager, 

Art 16^ —The drivers are answerable for every neglect of work, for every ab- 
sence without leave of the labourers, and for every misconduct, excess or idleness 
committed by the labourers, when they have not reported the same to the proper 

U Art 164.— The drivers shall be remunerated from the proceeds of the produce 
raised by the gangs which they direct, according to Art. 57 of Law N° 3. 

CHAP. IV. 

Of the Council of Agriculture in the Rural Sections, 

Art. iG*.— On the first of May in every year, being the Festival of Agriculture, 

the commandant of each commune, assisted by the justice of peace and the Council 

of Notables, shall select from each section three of the most respectable citizens, 

being proprietors, farmers, managers or overseers, to form the Council ot Agncul- 

tU Art" 166.— ^"appointment of the members of the Council of Agriculture shall 
be immediately made known by the commandant of the commune to the com- 
mandant of the district, who shall communicate it to the Government 

Art i 6 7 ._The members of the Council of Agriculture are elected for the space 
of one year only; but they may be re-elected each year, in consideration of the 
zeal with which they may have discharged their duties in the preceding year. 

A r t , gg —The Councils of Agriculture being composed of inhabitants cultivating 
the soil and interested in the preservation of order in rural economy, each of the 
members is bound, when he can do so without essentially neglecting his own labour 
to inquire into all that passes in the section to which he belongs, in order to report 
the same to the Council of Notables. t 

Ar t 160.— The duties of the Councils of Agriculture are, 

i. To see that the provisions of the laws relating to tillage are not curtailed in 

2 To endeavour by new experiments, and by the maintenance of concord 
among all those interested in tillage, to increase progressively its results : 

3 To report to the Council of Notables, and to the military authorities, every 
abuse or neglect which may occur in the section in which they dwell. ....,, 

Art 170.-The members of the Council of Agriculture correspond, individually 
or collectively, with the functionaries or authorities with whom it is their duty to 

C ° Art.™ 7i!-The appointment of a member of the Council of Agriculture is 
honorary. 

THIRD HEAD. 
Of Rural Police. 

Art. 172.— The rural police is to be specially maintained by officers appointed to 
command each rural section of the commune, assisted by guards. 

Art. 173.— The objects of the rural police are, 

1st. The repression of vagrancy: 

2d. The enforcing of order and assiduity in field-labour : 

*iL The discipline of the gangs of labourers : 

4th. The making and keeping in repair of public and private roads. 

CHAP. I. 

The repression of Vagrancy. 
A r t 174.- All persons who are not proprietors, or renters of the land on which 
they are residing, or who shall not have made a contract to work with some pro- 
prietor or principal renter, shall be looked upon as vagrants, and shall be arrested 



Law N # 6. 

Rural Police. 



i6 



COPY OF THE CODE RURAL 



Law N* 6. 
Rural Police. 



by the rural police of the section in which they may be found, and carried before 
/ the justice of peace of the commune. 

Art. 175.— The justice of peace, after interrogating and hearing the person 
brought before him, shall make known to him the articles of the law, which oblige 
him to employ himself in agricultural labour : and, after that communication, shall 
remand him to prison, until he shall have bound himself by a contract, according to 
the provisions of the law. 

Art. 176.-— The justice of peace shall take care that the person arrested contracts 
to labour with a proprietor, a principal renter, or occupier, or with a chief of the 
Agricultural Society, at his own choice. 

Art. 177.— If after eight days of detention the prisoner shall not have taken 
measures to bind himself to field labour, he shall be sent to the public works, for 
cleaning the town or district where he may be arrested, and shall be there 'em- 
ployed until he shall consent to bind himself to field labour. Any person who 
removes any labourer from the public works to employ him in private work, shall 
be subject to a fine of fifty dollars, of which a moiety is to be paid to the prisoner 
complaining. 

. Art. 178.— If the prisoner be a child under age, the justice of peace shall 
inquire out his parents, and send him to them, to follow their condition of 
life. 

Art. 179.— After the expiration of three months from the publication of this 
Code, rigorous measures shall be enforced against delinquents. 

Art. 180.— Every person attached to the country as a cultivator, who shall on 
a working day, and during the hours of labour, be found unemployed or lounging 
on the public roads, shall be considered idle, and be arrested and taken before 
the justice of peace, who shall commit him to prison for twenty-four hours for the 
first offence ; and shall, upon a repetition of the offence, send him to labour on the 
public works. 

Art. 181.— The officers of the rural police shall take care that vagabonds and 
idlers do not conceal themselves under the uniforms of soldiers of the different 
corps : when they discover, in the sections under their superintendence, men whom 
they do not personally know to be in active service in the corps whose uniforms 
they wear, they shall arrest them, and send them before the military commandant 
of the commune, that inquiry may be made if the individual arrested really belongs 
to the corps whose uniform he wears. If the party prove not to be a soldier, he 
shall be committed to prison, according to article 175, until he enter into a contract 
to labour in agriculture. 

Art. 182.— The officers of the rural police shall take care that in their respec- 
tive sections no person shall live in idleness : for this purpose they have authority 
to oblige such persons as are not actually employed in labour to give an account 
of their occupations ; and such persons as cannot prove that they cultivate the soil, 
or are keepers of cattle-pens, shall be considered as without visible means of pro- 
curing their livelihood, and shall be arrested as vagabonds. 



CHAP. II. 

Of the insuring of Order and Assiduity in Field Labour. 

Art. 183. — Field labour shall commence on Monday morning and continue 
until Friday evening (legal holidays excepted) ; and in extraordinary cases, when 
the interests of the cultivator or of the proprietor require it, work shall be conti- 
nued until Saturday evening. 

Art. 184. — On working days the ordinary field labour shall commence at day- 
break, to continue until mid-day, with the interval of half an hour for breakfast, 
which shall be taken on the spot where the work is carrying on ; after mid-day 
the field labour shall commence at two o'clock and continue until sun-set. 

Art. 185.— Pregnant females shall be employed on light work only; and after 
the fourth month of pregnancy they shall not be obliged to work in the field. 

Art. 1 86.— Four months after their delivery they shall be obliged to resume labour 
in the field; but they shall not commence work until one hour after sun-rise: they 
shall continue to work until eleven o'clock, and from two o'clock until one hour 
before sun-set. 

Art. 187.— No labourer attached to an estate in the country shall absent himself 
393- from 



OF HAITI: July 1826. 17 



^3 



from the labour assigned to him without the permission of the overseer, in the ab- Law N" 6. 
sence of the proprietor or farmer ; and he shall not give that permission unless the Rural Police, 
case be urgent. « 

CHAP. III. 

Of the Discipline of the Gangs of Labourers, 

Art. 188. — Gangs of labourers upon estates shall be obedient to their drivers, 
jobbers, sub-farmers, farmers, proprietors and managers or overseers, whenever they 
are called upon to execute the labour they have bound themselves to perform. 

Art. 189. — Every act of disobedience or insult on the part of a workman, com- 
manded to do any work to which he is subjected, shall be punished by imprison- 
ment, according to the exigency of the case, at the discretion of the justice of peace 
of the commune. 

Art. 190. — Saturdays and Sundays and holidays being at the disposal of the 
labourers, they shall not on working days abandon their work, to indulge in dancing 
or feasting, either by day or by night. Such delinquents shall be subject to impri- 
sonment for three days for the first offence, and for six days, in case of a repetition 
of the offence. 

CHAP. IV. 

On the Making and keeping in Repair of the Public and Private Roads. 

Art. 191. — The public roads shall be kept up and repaired by the cultivators 
(agriculteurs) in rotation, of the whole section through which the roads pass, when- 
ever their state of deterioration may require repair. The private roads shall also be 
repaired by such of the cultivators of the establishments of the section as are in the 
habit of using the said roads. 

Art. 192. — Whenever a public or private road requires repair, the officer of rural 
police shall give notice of it to the commandant of the commune. 

Art. 193.— If the repairs required be local, or of trivial importance, the com- 
mandant of the commune shall order them to be done. But if the work require 
many hands, in order to be promptly executed, he shall give notice thereof to the 
commandant of the district. The Council of Agriculture shall inform the Council 
of Notables of the work to be done. 

Art. 194. — The number of labourers required for any particular work upon the 
roads, shall be taken from the plantation rolls ordered by article 132, in numbers 
proportioned to the labouring population of each plantation, all of whom are bound 
to assist in the work. 

Art. 195. — Those proprietors who have not four labourers attached to their estate, 
shall in no case be called upon to furnish more than one labourer for repairs upon 
the roads. 

Art. 196. — Every labourer ordered to work on the roads who shall absent himself 
from that work, shall pay a fine of six quarter dollars a week, or suffer imprison- 
ment for one week; which fine or imprisonment shall not exempt him from working 
the week following. 

Art 197.— -Any proprietor, farmer or overseer of a plantation who, having re- 
ceived a requisition for labourers, shall neglect to furnish them, shall be liable to a 
fine of three dollars per week for each labourer short of the number ; half the fine 
to be paid to the treasury of fines, and half to be employed in hiring other 
labourers. 

Art. 198. — Labourers called out for repairing the roads shall bring with them 
the agricultural instruments and tools used on the plantation, in default of which the 
officer commanding the rural police shall give them tools, to be supplied by the ad- 
ministration; and upon a report of the same being made to a justice of peace for the 
commune, he shall adjudge the proprietor of the plantation to which the defaulters 
may belong, or his representative, to reimburse the administration in double the value 
of the tools so furnished. 

Art. 199. — When means of transport are required for the repair of public or 
private roads, such estates as possess wains or carts shall send them; in default of 
wains or carts, cattle for draught shall be supplied. 

Art. 200. — Eight beasts of burden supplied shall be equal to one cart and team. 
393- E Art. 201. 



LV 




Q^tl€ 




f?27- 




8 


/ 


■2-Sifg 


^ 




Law N» 6. 


Rural Police. 












18 COPY OF THE CODE RURAL OF HAITI: July 1826. 

Art. 201.— No person shall for his private interests take from the repair of the 
roads those who are sent to work upon them, under a penalty of fifty dollars for 
each labourer so withdrawn, if even for one day only. The director of the 
work shall call over the names of the labourers every moraine to ascertain their 
presence. 

Art. 202.— Labourers ordered to work on the public roads shall present them- 
selves early on Monday morning, and shall not absent themselves, unless the work 
be finished, until Friday evening. 

Passed in the Chamber of Commons at Port-au-Prince, the 21st of April 
1826, Twenty-third year of Independence. 

Muzaine, 

President. 

Pre. Junca and Ardouin, 
Secretaries. 

THE Senate decrees the adoption of the Rural Code of Haiti, and orders it to 
be sent within twenty-four hours to the President of Haiti, to be confirmed and 
carried into execution, in the manner directed by the Constitution. 

At the National House at Port-au-Prince, this 4th day of May 1826', 
Twenty-third year of Independence. 

P. Rouanez. 
President of the Senate. 

Gayoh and F. Dubreuil, 
Secretaries. 

In the Name of the Republic, 

The President of Haiti orders that the above laws, constituting the Rural Code 
of Ha'iti, be sealed with the seal of the Republic, and be published and executed. 

From the National Palace at Port-au-Prince, this 6th day of May 1 826, 
Twenty-third year of Independence, 

BOYER, 
By the President. 

B. Inginac, 
< ., .. Secretary General.